561.600 Authority of Director to require
transactions with or payment to Department to be conducted or made
electronically or through Internet website; methods of payment; exemptions.

AGRICULTURAL LOAN MEDIATION PROGRAM

NAC 561.010Definitions. (NRS 561.247)As used in NAC 561.010
to 561.170, inclusive, unless the context otherwise
requires, the words and terms defined in NAC 561.020
to 561.080, inclusive, have the meanings ascribed
to them in those sections.

1. Personal property used in or relating to
the operation of a farm or ranch; or

2. A parcel of land which is:

(a) More than 20 acres;

(b) Not located in an incorporated city, including
Carson City; and

(c) Used in farming or ranching operations by the
owner or operator during the 3 years immediately preceding a request for
mediation.

Ê The term
includes a debt secured by wasteland lying within or contiguous to and in
common ownership with a parcel of land described in this subsection.

(Added to NAC by Dep’t of Agriculture, eff. 10-30-90)

NAC 561.030“Borrower” defined. (NRS 561.247)“Borrower” means a person who derives more
than 60 percent of the person’s total gross income from his or her operation of
a farm or ranch and owes a single agricultural debt of more than $50,000 to one
creditor.

(Added to NAC by Dep’t of Agriculture, eff. 10-30-90)

NAC 561.040“Creditor” defined. (NRS 561.247)“Creditor” means a person to whom a borrower
owes a single agricultural debt of more than $50,000. The term includes a
judgment creditor with a judgment of more than $50,000 against a borrower.

1. The Department will prescribe a form to
be used by a creditor or borrower to request mediation. The form will include,
but will not be limited to:

(a) A brief description of the mediation process;

(b) A statement that the creditor must have a
person present during mediation who has the authority to negotiate and enter
into an agreement on behalf of the creditor; and

(c) A statement that the borrower and the spouse of
the borrower, if he or she is married, must attend the mediation.

2. A creditor or borrower may file a request
for mediation with the Department if they agree to mediate an agricultural
debt. The request must be on the form prescribed by the Department and be
accompanied by:

(a) An affidavit executed by the borrower which
states that the debt is an agricultural debt made by the borrower;

(b) A filing fee of $25;

(c) The name, address and telephone number of the
creditor and borrower;

(d) The name, address and title of each person who
will attend the mediation, if known;

(e) The name, address and telephone number of the
registered agent of the creditor; and

(f) A statement of the location of the property
which is the security for the agricultural debt. If the property is under the
control of a third person, the form must state the name, address and telephone
number of the third person, if known.

(Added to NAC by Dep’t of Agriculture, eff. 10-30-90)

NAC 561.100Notice of time and place of mediation. (NRS 561.247)The Department will notify the creditor and
borrower in writing of the time and place of the mediation. The mediation will
be scheduled to begin within 60 days after the date the notice is sent. The
notice will include:

1. The time and location of the mediation;

2. The name of the parties involved in the
mediation;

3. The name of the mediator;

4. A brief description of the mediation
process;

5. A statement that the creditor must have a
person present during mediation who has the authority to negotiate and enter
into an agreement on behalf of the creditor;

6. The information the Department requires
the parties to bring to the initial mediation;

7. A statement that the borrower and the
spouse of the borrower, if he or she is married, must attend the mediation; and

8. A statement that the creditor and
borrower must agree upon a period during which the mediation will be concluded.

(Added to NAC by Dep’t of Agriculture, eff. 10-30-90)

NAC 561.110Notice of intent to attend mediation; agreement for period of
mediation; notification of other creditors. (NRS 561.247)

1. The creditor and borrower shall:

(a) Within 10 days after the Director mails the
notice of the time and place of the mediation, notify the Department in writing
of their intent to attend the mediation.

(b) Within 21 days after the Director mails the
notice of the time and place of the mediation, notify the Department in writing
of the period during which they agree to conduct the mediation.

2. The borrower shall provide the Department
with the name, address and telephone number of any creditor who is not a party
to the mediation and to whom the borrower owes an agricultural debt within 10
days after receiving the notice of the time and place for the mediation. The
Director will notify such a creditor in writing of the mediation within 7
working days after receiving the name and address of the creditor from the
borrower. The creditor must notify the Director in writing within 10 days after
receiving the notice if he or she wants to become a party to the mediation.

1. A creditor who agrees to the mediation of
an agricultural debt may not file an action to enforce the agricultural debt
until the creditor receives notice in writing from the Department that the
mediation is excused or concluded.

2. The mediator or Department may excuse a creditor
from mediation:

(a) If there is an immediate danger that the
property which secures the agricultural debt may be harmed or dissipated;

(b) If the borrower notifies the Department that
the borrower does not intend to mediate his or her agricultural debt;

(c) If there is a proceeding brought by or against
the borrower as a result of his or her bankruptcy or insolvency; or

(d) For good cause.

3. The mediator or Department may conclude
the mediation if the creditor or borrower fails to:

(a) Make a good faith effort to resolve the
agricultural debt;

(b) Notify the Department in writing of his or her
intent to attend the mediation within 21 days after receiving the notice of the
time and place of the mediation from the Director;

(c) Provide information or documentation requested
by the Department or mediator; or

(d) Attend the mediation.

4. The Department will notify a creditor and
borrower in writing when mediation is excused or concluded.

1. The mediator will take testimony and
establish a record of the mediation.

2. The creditor must have a person present
at the mediation who has the authority to negotiate and enter into an agreement
on behalf of the creditor.

3. The borrower and the spouse of the
borrower, if he or she is married, must attend the mediation.

4. The creditor and borrower may have legal
counsel present at the mediation.

5. Each creditor and the borrower shall pay
the Department $25 for each hour or fraction thereof of mediation.

(Added to NAC by Dep’t of Agriculture, eff. 10-30-90)

NAC 561.140Agreement for resolution of debt; request for further mediation. (NRS 561.247)

1. If the creditor and borrower reach an
agreement for the resolution of the agricultural debt, the mediator, creditor
and borrower must agree upon a person to draft the agreement. The creditor and
the borrower must sign the agreement.

2. If the creditor and borrower do not reach
an agreement on or before the date on which they have agreed to conclude the
mediation, they may request further mediation or that the mediation be
concluded. A request for further mediation:

(a) Must be made by the creditor and the borrower;
and

(b) Extends the mediation for 30 days. Thereafter,
the creditor and borrower may request further extensions for periods not to
exceed 30 days.

(Added to NAC by Dep’t of Agriculture, eff. 10-30-90)

NAC 561.150Confidentiality; applicability of chapter 241
of NRS. (NRS
561.247)Information
and documents filed with or obtained by the mediator or the Department are
confidential. The provisions of chapter
241 of NRS do not apply to any mediation of an agricultural debt.

1. The Director and the Department will
provide the initial training for a mediator. The initial training must inform a
mediator that he or she does not have a duty to advise a creditor or debtor
about the law and include at least 32 hours of instruction on:

(a) The mediation process;

(b) The skills required by a mediator; and

(c) Issues relating to financing agricultural
projects.

2. A person who successfully completes the
initial training for a mediator is qualified to serve as a mediator. The Department
may provide supplemental training for mediators.

(Added to NAC by Dep’t of Agriculture, eff. 10-30-90)

NAC 561.170Department to provide notice of mediation process. (NRS 561.247)The Department will notify financial
institutions which make agricultural loans and persons who are likely to
request an agricultural loan of the mediation process authorized pursuant to NAC 561.010 to 561.170,
inclusive.

(Added to NAC by Dep’t of Agriculture, eff. 10-30-90)

PLANTING AND HARVESTING SEASONS

NAC 561.200Designation for purposes of exemption from federal regulations
regarding driving and on-duty time for drivers used by motor carriers. (NRS 561.105)

1. For the purposes of the exemption from
federal regulations regarding the maximum driving and on-duty time for drivers
used by motor carriers that is set forth in 49 C.F.R. § 395.1(k), pertaining to
drivers transporting agricultural commodities or farm supplies for agricultural
purposes within a 100 air-mile radius from the source of the commodities or
distribution point for the farm supplies during the planting and harvesting
seasons, the planting and harvesting seasons within this State shall be deemed
to be year-round, from January 1 through December 31.

2. As used in this section:

(a) “Agricultural commodities” means products grown
on and harvested from the land.

NAC 561.300Definitions. (NRS 561.105)As used in NAC 561.300
to 561.580, inclusive, unless the context otherwise
requires, the words and terms defined in NAC 561.310
to 561.360, inclusive, have the meanings ascribed
to them in those sections.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.310“Complaint” defined. (NRS 561.105)“Complaint” means a document, signed by the
petitioner, which contains the name of the respondent, a short and plain
statement of the acts or omissions alleged to have been committed in violation
of a statute, rule or regulation and the citation of such statute, rule or
regulation.

NAC 561.350“Petitioner” defined. (NRS 561.105)“Petitioner” means the Board or the Department
when in the capacity of carrying the burden of proof in a contested case on
matters over which it has jurisdiction to resolve.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.360“Respondent” defined. (NRS 561.105)“Respondent” means the party charged in the
complaint with a violation of a statute, rule or regulation.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.370Scope and applicability. (NRS 561.105)The provisions of NAC
561.300 to 561.580, inclusive, apply to all
hearings conducted by the Board and the Department for the adjudication of
contested cases pursuant to the provisions of chapter 233B of NRS.

1. The provisions of NAC
561.300 to 561.580, inclusive, will be
liberally construed to simplify and expedite hearings before the Board and
Department and to ensure a fair opportunity to all parties to present their
case.

2. Hearings conducted pursuant to the
provisions of NAC 561.300 to 561.580,
inclusive, will be conducted pursuant to the provisions of chapter 233B of NRS.

1. The Board and Department may permit
deviation from the provisions of NAC 561.300 to 561.580, inclusive, if:

(a) The deviation will not adversely affect the
substantial interests of a party;

(b) Good cause for the deviation appears; and

(c) The deviation is not otherwise contrary to law.

2. If a deviation from these provisions is
permitted by the Board or Department pursuant to this section, the deviation
and the reasons for permitting the deviation will be stated on the record.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.400Informal disposition of case. (NRS 561.105)Except as otherwise provided by law, the
parties may agree through a stipulation, settlement agreement, consent order or
other disposition to resolve a contested case by informal disposition. If an
informal disposition is made, the respondent waives the right to a statement of
findings of fact and conclusions of law from the Board or Department.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.410Suspension of license or certificate of registration before
hearing. (NRS
561.105)Unless
otherwise prohibited by law, the Board or Department may suspend the license or
certificate of registration of a person before holding a hearing if the Board
or Department finds and incorporates such finding into its order, based upon
evidence in its possession, that the public health, safety or welfare will be
damaged unless the license or certificate is so suspended. If the Board or
Department summarily suspends a license or certificate of registration, a
hearing that complies with the provisions of NAC
561.300 to 561.580, inclusive, will be held
within 60 days after the suspension.

1. The Board or Department will commence a
contested case by serving a copy of a notice of hearing upon the respondent at
least 30 days before the date of the hearing. The notice of hearing, with a
proof of service, will be mailed by certified or registered mail to the last
known address of the respondent or personally served as provided for in Rule 4 of the Nevada Rules of
Civil Procedure. The notice of hearing will include the time and place of the
hearing as fixed by the Board or Department. The complaint may be included in
the notice of hearing.

2. If a notice of hearing is mailed to the
respondent, the notice will be deemed to have been received upon the expiration
of 10 days after the notice is mailed.

3. The respondent must familiarize himself
or herself with any subsequent dates for hearings.

4. Any contention that proper notice has not
been provided pursuant to this section will be deemed waived unless it is
raised by the respondent before arguments are presented on any other motion or,
if no other motions are presented, before opening arguments at the hearing.

1. The Board or Department may consolidate
two or more contested cases whenever it appears that the cases involve common
issues of law or fact and the interests of the parties will not be prejudiced
by the consolidation, regardless of whether the cases involve more than one
license or certificate of registration or different professions.

2. A party may contest a decision to
consolidate two or more contested cases by filing a motion to sever the cases
which states specifically why the matters would not be consolidated. The Board
or Department will decide if the cases will be heard together or separately.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.440Right to representation by attorney; qualifications of attorney. (NRS 561.105)Any respondent appearing in a hearing before
the Board or Department may be represented by an attorney who is licensed to
practice in this State or, if not licensed in this State, who has applied and
been approved by the Board or Department to appear in this case only.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.450Conduct of attorneys and persons appearing in hearing;
consequences of failure to conform conduct; statement of actions taken by Board
or Department. (NRS 561.105)

1. Any attorney appearing in a hearing
before the Board or Department shall ensure that his or her conduct complies
with the Nevada Rules of Professional Conduct.

2. All persons appearing in a hearing before
the Board or Department shall conform to the standards of ethical and courteous
conduct required in the courts of this State.

3. If a person fails to conform his or her
conduct to the standards required by this section, the Board or Department may:

(a) Limit the evidence presented by that person;
and

(b) Exclude the person or the person’s
representative from the hearing.

4. Any action taken by the Board or
Department pursuant to this section and the specific reasons for taking the
action will be stated on the record.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.460Withdrawal of attorney. (NRS 561.105)Any attorney of record may withdraw from
representation upon notification to his or her client and to the Board or
Department and upon filing a motion with the Board or Department specifying the
reasons for the requested withdrawal. Unless otherwise prohibited by law, the
Board or Department may deny the motion if the withdrawal would unreasonably
delay the hearing.

1. Except as otherwise provided in NRS 233B.124, the Board or
Department may designate an attorney who is licensed to practice law in this
State to serve as a hearing officer in a contested case.

2. A hearing officer so appointed may:

(a) Question witnesses;

(b) Make rulings on motions and objections;

(c) Submit suggested findings of fact and
conclusions of law concerning the hearing to the Board or Department; and

(d) Provide legal advice as required by the Board
or Department during the course of a hearing or during deliberation after a
hearing, unless such advice is provided by other means.

Ê In any
contested case in which a hearing officer is designated pursuant to the
provisions of this section, the Board or Department will make the final
decision in the case.

3. In any contested case in which a hearing
officer is not designated by the Board or Department, the Board or Department
will designate its presiding officer, chair or other member of the Board or
employee of the Department to conduct the hearing.

1. The petitioner may amend the complaint at
any time. Unless amended at the hearing, an amended complaint will be filed and
served in the same manner as the original complaint. The Board or Department
will grant a continuance whenever an amendment materially alters the complaint
in such a way that the respondent will be unable to prepare his or her case in
a timely manner.

2. The petitioner may withdraw a complaint
at any time before the hearing begins. After the hearing begins, the petitioner
will withdraw the complaint only upon written notice to the respondent.

(c) A continuance or extension of time to comply
with any provision of NAC 561.300 to 561.580, inclusive;

(d) A rehearing of the case;

(e) Reconsideration of the decision;

(f) The exclusion of a member of the Board,
Department or a hearing officer, for good cause shown, from participation in
the hearing or the deliberations;

(g) Vacation or modification of an order; and

(h) A severing of cases that have been
consolidated.

3. A motion made pursuant to this section
must be in writing unless permission has been granted by the Board, the
Department or a hearing officer to make the motion orally.

4. Except for good cause shown, the moving
party must serve the motion upon the other party and the Board or Department
not later than 10 days before the time set for the hearing on the motion.

5. Except as otherwise provided in this
subsection, a party may file a written response to a motion with the Board, the
Department or a hearing officer, and serve the response on the moving party, no
later than 7 days after his or her receipt of the motion or 3 days before the
time set for the hearing on the motion, whichever is earlier. The Board, the
Department or a hearing officer may allow a response to be filed at a later
date upon good cause shown.

6. The Board, the Department or a hearing
officer may require that the moving party make an oral argument or submit
additional evidence in support of the moving party’s written motion.

1. A party to a contested case may serve
upon any other party a written demand for:

(a) Copies of all documents reasonably available to
the other party which are anticipated to be used in support of that party’s
position;

(b) A written list of witnesses, including rebuttal
witnesses, whom the other party reasonably anticipates will testify at the
hearing, which identifies each person by name and address;

(c) A description of any other evidence which the
other party anticipates will be used in the hearing;

(d) Any exculpatory evidence reasonably available
to the petitioner which would tend to support the respondent’s position or
discredit the petitioner’s witnesses; and

(e) Copies of any investigative reports which
appear to summarize or describe an interview with the respondent.

Ê The
respondent is entitled to such information whether or not an investigator is
called to testify and whether or not an investigator or other witness uses an
investigative report to refresh his or her recollection before or during the
hearing.

2. The party receiving a demand for
documents or other evidence pursuant to this section shall provide the copies,
lists and evidence demanded within 10 days after service of the demand.

3. Each party served with a demand for
documents or other evidence pursuant to this section shall exchange any new
information required to be produced pursuant to this section as it becomes
available.

4. Except as otherwise provided in this
section, the investigative file of the petitioner is not subject to discovery.
If the respondent requests, he or she is entitled to review investigative
reports relating to a witness for the petitioner, including summaries or
descriptions of interviews, after the direct examination of that witness but
before the cross-examination of that witness.

5. This section does not prevent the parties
from agreeing to exchange any information not specified in this section. If the
parties agree to the use of a deposition, such an agreement will be deemed a
waiver of any objection to testimony contained in the deposition, except for an
objection based on relevance.

1. If a party fails to appear at a hearing
scheduled by the Board or Department and no continuance has been requested or
granted, upon an offer of proof by the other party that the absent party was
given proper notice and upon a determination by the Board or Department that
proper notice was given, the Board or Department may proceed to hear evidence
and consider the matter without the participation of the absent party and
dispose of the matter on the basis of the evidence before it.

2. If a party’s failure to appear is
justified by reasonable cause, the party may, within 10 days after service of
the decision of the Board or Department in the matter, apply to the Board or
Department to reopen the proceedings. The application must specify the grounds
relied upon for the requested reopening. Upon finding the cause sufficient and
reasonable, the Board or Department may withdraw its decision and fix a time
and place for rehearing on such terms and conditions as may be just, including
the imposition of costs and fees incurred in the presentation of evidence at
the earlier hearing.

1. Except as otherwise provided in this
section, hearings in contested cases will be conducted in the following order:

(a) The hearing will be called to order by the
Chair of the Board, the Director or the appointed hearing officer.

(b) The parties and their respective counsel, if
any, and the members of the Board or Department or the hearing officer will be
introduced and identified on the record.

(c) The notice and complaint will be placed into
evidence.

(d) Motions to exclude witnesses from the hearing
room except during testimony will be entertained.

(e) All other preliminary motions, stipulations,
agreed-upon orders and administrative details will be entertained.

(f) The petitioner’s case will be presented,
followed by cross-examination, redirect examination, recross-examination,
questions by the Board or Department and further questions by the parties if
the questions are limited in scope to those areas of questioning addressed by
the Board or Department.

(g) The respondent’s case will be presented,
followed by cross-examination, redirect examination, recross-examination,
questions by the Board or Department and further questions by the parties if
the questions are limited in scope to those areas of questioning addressed by
the Board or Department.

(h) Any rebuttal evidence will be submitted in the
manner provided in paragraphs (f) and (g).

(i) The closing argument of the petitioner will be
given.

(j) The closing argument of the respondent will be
given.

(k) The petitioner’s reply to the respondent’s
closing argument may be given.

(l) The case may be submitted for deliberation or
postponed for further consideration by the Board or Department.

2. Presentation of evidence pursuant to
paragraphs (f), (g) and (h) of subsection 1 may proceed only as long as
necessary to provide relevant evidence that is not redundant.

3. Questioning conducted pursuant to this
section may proceed as long as necessary to provide all relevant testimony and
evidence that is not redundant.

4. The Board or Department may waive any
provision of this section if necessary to expedite or ensure the fairness of
the hearing.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.550Motion to exclude witness. (NRS 561.105)If a motion to exclude a witness is granted:

1. The Chair of the Board, Director or
appointed hearing officer shall instruct the witness not to discuss the case
during the pendency of the proceeding.

2. Any respondent who may also be a witness
may remain in the hearing room.

3. Any corporate respondent or other entity
represented by a natural person may have one representative, who may also be a
witness, who may remain in the hearing room.

1. A party may call any other party or
witness as an adverse witness. The party may question such a witness as if
conducting a cross-examination.

2. Any party who is surprised by the
testimony of a witness, called in good faith as a witness on the party’s
behalf, may question the witness as if conducting a cross-examination.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.570Transcription of hearing. (NRS 561.105)If any party requests and pays the costs for
transcription, the Board or Department will make arrangements for a
transcription of the hearing.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.580Petition for reconsidering or rehearing of decision. (NRS 561.105)

1. Any petition for reconsidering or
rehearing an order or decision of the Board or Department in a contested case
must be filed with the Board or Department, and served on the other party,
within 10 days after the effective date of the order or decision.

2. A petition for reconsideration or
rehearing must include:

(a) A statement of the specific grounds upon which
relief is requested; and

(b) If the party seeks to present new evidence, a
statement of the cause for failure to introduce the proposed new evidence in
the original proceeding and a detailed description of the evidence.

3. A response to the petition must be filed
with the Board or Department, and served on the petitioning party, within 5
days after service of the petition.

4. If the hearing is under the jurisdiction
of the Board, the Board may designate one of its members or a hearing officer
to rule on the petition for reconsideration or rehearing. If the hearing is
under the jurisdiction of the Department, the Director will rule on the
petition for reconsideration or rehearing. The decision will be made within 15
days after the petition is filed. If a petition for reconsideration or
rehearing is granted, the order granting the petition will state the time, date
and place of the new hearing and the grounds upon which the petition is
granted.

5. The filing of a petition for
reconsideration or rehearing:

(a) Does not stay the decision of the Board or
Department.

(b) Tolls the period in which an appeal must be
filed until a final decision is made on the petition.

(Added to NAC by Bd. of Agriculture, eff. 2-20-96)

DOING BUSINESS WITH THE DEPARTMENT

NAC 561.600Authority of Director to require transactions with or payment to
Department to be conducted or made electronically or through Internet website;
methods of payment; exemptions. (NRS 561.153)

1. Except as otherwise provided in
subsection 3, the Director may require that a transaction with or payment to
the Department which is governed by NRS
561.153 must be conducted or made electronically on or through the Internet
website of the Department provided that a means to conduct such a transaction
or make such a payment is available on the Internet website of the Department.

2. If a payment to the Department is
required to be made electronically pursuant to subsection 1, the Director may
specify the method or methods of payment accepted, including, without
limitation, credit card or electronic check.

3. A person who seeks to conduct a
transaction with or make a payment to the Department which the Director has
determined must be conducted or made electronically pursuant to subsection 1
may request from the Director or his or her designee a waiver of the
requirement to conduct the transaction or make the payment electronically. Such
a waiver may be granted if the Director or his or her designee determines that:

(a) Conducting the transaction or making the
payment electronically would cause the person undue hardship or extreme
inconvenience; or

(b) The person does not have access to suitable
means to conduct the transaction or make the payment electronically.